Opinion
Submitted December 15, 1999
February 10, 2000
In an action to recover damages for personal injuries, etc., the defendant Talley Motors, Inc., appeals from an order of the Supreme Court, Nassau County (Adams, J.), dated February 4, 1999, which granted the plaintiffs' motion for leave to enter a judgment against it on the issue of liability based on its failure to appear or answer, and denied its cross motion to dismiss the complaint insofar as asserted against it.
Lawrence N. Rogak, Oceanside, N.Y. (Ren appellant.
Edelstein Faegenburg, Brooklyn, N.Y. (Paul J. Edelstein of counsel), for respondents.
WILLIAM C. THOMPSON, J.P., SONDRA MILLER, GABRIEL M. KRAUSMAN, ANITA R. FLORIO and ROBERT W. SCHMIDT, JJ.
DECISION ORDER
ORDERED that the order is affirmed, with costs.
To successfully oppose a motion for leave to enter a judgment based upon the defendant's failure to appear or answer in an action, the defendant must demonstrate a reasonable excuse for the default and a meritorious defense (see, Pisacreta v. Joseph A. Minniti, P.C., 265 A.D.2d 540; [2d Dept., Oct. 25, 1999]). The appellant failed to do so.
The appellant's remaining contentions are without merit.